도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On July 14, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on July 14, 2010. On October 16, 2013, the same court received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On January 18, 2020, the Defendant driven a e-learning vehicle under the influence of alcohol level of about 0.112% from the 10km section from the 10km section to the front road of the Suwon-gu, Suwon-si, Suwon-si, Suwon-si.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), records on values for taking a drinking test, and notification of the results of the control of drinking driving;
1. On-site photographs (on-site photographs for controlling sound driving);
1. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act on probation;
1. The Defendant committed the instant crime even though he/she had the record of punishment several times due to drinking driving, including the previous conviction in the judgment, and the fact that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognizes the crime of this case and that the defendant has no record of criminal punishment exceeding the fine is favorable to the defendant.
In addition, the defendant's age, character and conduct, motive and background of the crime, results and circumstances, etc. are considered as a whole, and the punishment is imposed as ordered.